Shmukler v. Shpilberg

—In an action to recover damages for personal injuries, the defendants Rosario Grasso and Leonardo Grasso appeal from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated September 12, 2002, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the…